HB 0141 2004
1	A bill to be entitled
2	An act relating to pharmacy; amending s. 465.003, F.S.;
3	defining the term "Internet pharmacy"; amending s.
4	465.0156, F.S.; exempting Internet pharmacies from
5	registration requirements applicable to nonresident
6	pharmacies; amending s. 465.016, F.S.; providing for
7	disciplinary action for dispensing a medicinal drug when
8	the pharmacist knows or has reason to believe a
9	prescription is not valid; creating s. 465.0161, F.S.;
10	prohibiting the distribution of medicinal drugs by an
11	Internet pharmacy without a permit; providing penalties;
12	amending s. 465.0196, F.S., relating to special pharmacy
13	permits, to conform; creating s. 465.0197, F.S.; requiring
14	Internet pharmacies to be permitted and providing
15	requirements therefor; amending s. 895.02, F.S.; including
16	violation of s. 465.0161, F.S., in the definition of the
17	term "racketeering activity" for prosecution under ch.
18	895, F.S.; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Paragraph (a) of subsection (11) of section
23	465.003, Florida Statutes, is amended to read:
24	465.003 Definitions.--As used in this chapter, the term:
25	(11)(a) "Pharmacy" includes a community pharmacy, an
26	institutional pharmacy, a nuclear pharmacy, anda special
27	pharmacy, and an Internet pharmacy.
28	1. The term "community pharmacy" includes every location
29	where medicinal drugs are compounded, dispensed, stored, or sold
30	or where prescriptions are filled or dispensed on an outpatient
31	basis.
32	2. The term "institutional pharmacy" includes every
33	location in a hospital, clinic, nursing home, dispensary,
34	sanitarium, extended care facility, or other facility,
35	hereinafter referred to as "health care institutions," where
36	medicinal drugs are compounded, dispensed, stored, or sold.
37	3. The term "nuclear pharmacy" includes every location
38	where radioactive drugs and chemicals within the classification
39	of medicinal drugs are compounded, dispensed, stored, or sold.
40	The term "nuclear pharmacy" does not include hospitals licensed
41	under chapter 395 or the nuclear medicine facilities of such
42	hospitals.
43	4. The term "special pharmacy" includes every location
44	where medicinal drugs are compounded, dispensed, stored, or sold
45	if such locations are not otherwise defined in this subsection.
46	5. The term "Internet pharmacy" includes locations that
47	are not otherwise defined in this subsection where medicinal
48	drugs are compounded, dispensed, or stored and subsequently sold
49	primarily or exclusively to consumers over the Internet.
50	Section 2. Subsection (7) is added to section 465.0156,
51	Florida Statutes, to read:
52	465.0156 Registration of nonresident pharmacies.--
53	(7) This section does not apply to Internet pharmacies
54	required to be permitted under s. 465.0197.
55	Section 3. Paragraph (s) is added to subsection (1) of
56	section 465.016, Florida Statutes, to read:
57	465.016 Disciplinary actions.--
58	(1) The following acts constitute grounds for denial of a
59	license or disciplinary action, as specified in s. 456.072(2):
60	(s) Dispensing any medicinal drug based upon a
61	communication that purports to be a prescription as defined by
62	s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
63	reason to believe that the purported prescription is not based
64	upon a valid practitioner-patient relationship, including
65	appropriate patient history and a face-to-face or visual
66	encounter by the practitioner.
67	Section 4. Section 465.0161, Florida Statutes, is created
68	to read:
69	465.0161 Distribution of medicinal drugs without a
70	permit.--An Internet pharmacy that distributes a medicinal drug
71	to any person in this state without being permitted as a
72	pharmacy under this chapter commits a felony of the second
73	degree, punishable as provided in s. 775.082, s. 775.083, or s.
74	775.084.
75	Section 5. Section 465.0196, Florida Statutes, is amended
76	to read:
77	465.0196 Special pharmacy permits.--Any person desiring a
78	permit to operate a special pharmacy which does not fall within
79	the definitions set forth in s. 465.003(11)(a)1., 2., and 3.
80	shall apply to the department for a special pharmacy permit. If
81	the board certifies that the application complies with the
82	applicable laws and rules of the board governing the practice of
83	the profession of pharmacy, the department shall issue the
84	permit. No permit shall be issued unless a licensed pharmacist
85	is designated to undertake the professional supervision of the
86	compounding and dispensing of all drugs dispensed by the
87	pharmacy. The licensed pharmacist shall be responsible for
88	maintaining all drug records and for providing for the security
89	of the area in the facility in which the compounding, storing,
90	and dispensing of medicinal drugs occurs. The permittee shall
91	notify the department within 10 days of any change of the
92	licensed pharmacist responsible for such duties. Every permittee
93	that employs or otherwise utilizes pharmacy technicians shall
94	have a written policy and procedures manual specifying those
95	duties, tasks, and functions which a pharmacy technician is
96	allowed to perform.
97	Section 6. Section 465.0197, Florida Statutes, is created
98	to read:
99	465.0197 Internet pharmacy permits.--
100	(1) Any person desiring a permit to operate an Internet
101	pharmacy shall apply to the department for an Internet pharmacy
102	permit. If the board certifies that the application complies
103	with the applicable laws and rules of the board governing the
104	practice of the profession of pharmacy, the department shall
105	issue the permit. No permit shall be issued unless a licensed
106	pharmacist is designated as the prescription department manager
107	for dispensing medicinal drugs to persons in this state. The
108	licensed pharmacist shall be responsible for maintaining all
109	drug records and for providing for the security of the area in
110	the facility in which the compounding, storing, and dispensing
111	of medicinal drugs to persons in this state occurs. The
112	permittee shall notify the department within 30 days of any
113	change of the licensed pharmacist responsible for such duties.
114	Every permittee that employs or otherwise utilizes pharmacy
115	technicians shall have a written policy and procedures manual
116	specifying those duties, tasks, and functions which a pharmacy
117	technician is allowed to perform.
118	(2) An Internet pharmacy must be permitted under this
119	section to sell medicinal drugs to persons in this state.
120	(3) An Internet pharmacy shall provide pharmacy services
121	at a high level of protection and competence and shall disclose
122	to the board the following specific information:
123	(a) That it maintains at all times a valid, unexpired
124	license, permit, or registration to operate the pharmacy in
125	compliance with the laws of the state in which the dispensing
126	facility is located and from which the medicinal drugs shall be
127	dispensed.
128	(b) The location, names, and titles of all principal
129	corporate officers and the pharmacist who serves as the
130	prescription department manager for dispensing medicinal drugs
131	to persons in this state. This disclosure shall be made within
132	30 days after any change of location, principal corporate
133	officer, or pharmacist serving as the prescription department
134	manager for dispensing medicinal drugs to persons in this state.
135	(c) That it complies with all lawful directions and
136	requests for information from the regulatory or licensing agency
137	of all states in which it is licensed as well as with all
138	requests for information made by the board pursuant to this
139	section. It shall respond directly to all communications from
140	the board concerning emergency circumstances arising from errors
141	in the dispensing of medicinal drugs to persons in this state.
142	(d) That it maintains its records of medicinal drugs
143	dispensed to patients in this state so that the records are
144	readily retrievable from the other business records of the
145	pharmacy and from the records of other medicinal drugs
146	dispensed.
147	(e) That during its regular hours of operation but not
148	less than 6 days per week, for a minimum of 40 hours per week, a
149	toll-free telephone service shall be provided to facilitate
150	communication between patients in this state and a pharmacist at
151	the pharmacy who has access to the patient's records. This toll-
152	free number must be disclosed on the label affixed to each
153	container of dispensed medicinal drugs.
154	Section 7. Paragraph (a) of subsection (1) of section
155	895.02, Florida Statutes, is amended to read:
156	895.02 Definitions.--As used in ss. 895.01-895.08, the
157	term:
158	(1) "Racketeering activity" means to commit, to attempt to
159	commit, to conspire to commit, or to solicit, coerce, or
160	intimidate another person to commit:
161	(a) Any crime which is chargeable by indictment or
162	information under the following provisions of the Florida
163	Statutes:
164	1. Section 210.18, relating to evasion of payment of
165	cigarette taxes.
166	2. Section 403.727(3)(b), relating to environmental
167	control.
168	3.4.Section 409.920, relating to Medicaid provider fraud.
169	4.3.Section 414.39, relating to public assistance fraud.
170	5. Section 440.105 or s. 440.106, relating to workers'
171	compensation.
172	6. Section 465.0161, relating to distribution of medicinal
173	drugs without a permit as an Internet pharmacy.
174	7.6.Sections 499.0051, 499.0052, 499.0053, 499.0054, and
175	499.0691, relating to crimes involving contraband and
176	adulterated drugs.
177	8.7.Part IV of chapter 501, relating to telemarketing.
178	9.8.Chapter 517, relating to sale of securities and
179	investor protection.
180	10.9.Section 550.235, s. 550.3551, or s. 550.3605,
181	relating to dogracing and horseracing.
182	11.10.Chapter 550, relating to jai alai frontons.
183	12.11.Chapter 552, relating to the manufacture,
184	distribution, and use of explosives.
185	13.12.Chapter 560, relating to money transmitters, if the
186	violation is punishable as a felony.
187	14.13.Chapter 562, relating to beverage law enforcement.
188	15.14.Section 624.401, relating to transacting insurance
189	without a certificate of authority, s. 624.437(4)(c)1., relating
190	to operating an unauthorized multiple-employer welfare
191	arrangement, or s. 626.902(1)(b), relating to representing or
192	aiding an unauthorized insurer.
193	16.15.Section 655.50, relating to reports of currency
194	transactions, when such violation is punishable as a felony.
195	17.16.Chapter 687, relating to interest and usurious
196	practices.
197	18.17.Section 721.08, s. 721.09, or s. 721.13, relating
198	to real estate timeshare plans.
199	19.18.Chapter 782, relating to homicide.
200	20.19.Chapter 784, relating to assault and battery.
201	21.20.Chapter 787, relating to kidnapping.
202	22.21.Chapter 790, relating to weapons and firearms.
203	23.22.Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
204	relating to prostitution.
205	24.23.Chapter 806, relating to arson.
206	25.24.Section 810.02(2)(c), relating to specified
207	burglary of a dwelling or structure.
208	26.25.Chapter 812, relating to theft, robbery, and
209	related crimes.
210	27.26.Chapter 815, relating to computer-related crimes.
211	28.27.Chapter 817, relating to fraudulent practices,
212	false pretenses, fraud generally, and credit card crimes.
213	29.28.Chapter 825, relating to abuse, neglect, or
214	exploitation of an elderly person or disabled adult.
215	30.29.Section 827.071, relating to commercial sexual
216	exploitation of children.
217	31.30.Chapter 831, relating to forgery and
218	counterfeiting.
219	32.31.Chapter 832, relating to issuance of worthless
220	checks and drafts.
221	33.32.Section 836.05, relating to extortion.
222	34.33.Chapter 837, relating to perjury.
223	35.34.Chapter 838, relating to bribery and misuse of
224	public office.
225	36.35.Chapter 843, relating to obstruction of justice.
226	37.36.Section 847.011, s. 847.012, s. 847.013, s. 847.06,
227	or s. 847.07, relating to obscene literature and profanity.
228	38.37.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
229	s. 849.25, relating to gambling.
230	39.38.Chapter 874, relating to criminal street gangs.
231	40.39.Chapter 893, relating to drug abuse prevention and
232	control.
233	41.40.Chapter 896, relating to offenses related to
234	financial transactions.
235	42.41.Sections 914.22 and 914.23, relating to tampering
236	with a witness, victim, or informant, and retaliation against a
237	witness, victim, or informant.
238	43.42.Sections 918.12 and 918.13, relating to tampering
239	with jurors and evidence.
240	Section 8. This act shall take effect July 1, 2004.